South St. Louis County, MO

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Defective Products Lawyer in South St. Louis County, MO.

Defective Products Lawyer in South St. Louis County, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in South St. Louis County, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Picture what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android throughout the day. You may use lawnmowers on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, shipped and bought. When there is an oversight in that process and a product becomes dangerous, it can cause severe harm to you and your South St. Louis County, MO family. If tragedy struck you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the full compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in South St. Louis County and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in South St. Louis County, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in South St. Louis County, MO, learn how much your claim may be worth by using our complimentary personal injury calculator.



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500 N. Broadway
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St. Louis, MO 63102

Phone: (314) 500-HURT

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in South St. Louis County, MO:

How Common Are Defective Products in South St. Louis County, MO?

The Consumer Product Safety Commission has found that faulty products are responsible for in excess of 29 million injuries and 21,000 fatalities each year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the extreme destruction that can be caused when manufacturers and vendors do not follow the rules.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in South St. Louis County, MO for passionate, committed and talented support and legal advocacy.

How Defective Products Claims Work in South St. Louis County, MO

Pursuant to Missouri Revised Statute §537.760, you and your South St. Louis County, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The person was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a way rationally expected.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the case if:

  • The manufacturer is known, still does business and can afford to compensate you for the entirety of your damages.
  • The entity that sold it makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is brought in front of the court that the seller took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they implied, were otherwise liable for the dangerous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only valid for failure to warn defective products cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in South St. Louis County, MO are based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the South St. Louis County, MO roads. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any injuries a product causes, irrespective of negligence. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your South St. Louis County, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — at the moment that you acquired it.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an inherent flaw in the design that afterwards passes the imperfection to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
  3. Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing the safety of their products. Even so, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in South St. Louis County, MO will fight on your behalf and insist on only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in South St. Louis County, MO

A common defense for manufacturers in a defective products claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are responsible for a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the damage their product did to you. Your South St. Louis County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you followed proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the manufacturer or seller can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement a lot of dishonest ruses to try and devalue your claim, but your South St. Louis County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal representation that rivals and surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in South St. Louis County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in South St. Louis County, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Door latches
  • Headlights and taillights

Offroad vehicles like ATVs can also cause harm, for instance if a design defect gives them a heightened propensity to rolling over.

Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.

Defective Medical Devices Lawyer in South St. Louis County, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in South St. Louis County, MO has seen cause further complications for patients are:

  • Artificial joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
  • Surgical robots designed to operate on hard to reach areas which, when defective, can lead to perforated organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a flawed medical device caused you damages, your South St. Louis County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in South St. Louis County, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than the safety of the people they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in South St. Louis County, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in South St. Louis County, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Cosmetic products

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South St. Louis County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in South St. Louis County, MO knows that being injured by a faulty product can completely disrupt your life. That is why we endeavor to see the vulnerable in South St. Louis County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your South St. Louis County, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in South St. Louis County, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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